McElmurry v. Arkansas Power & Light Co. case brief

McElmurry v. Arkansas Power & Light Co. case brief summary
995 F.2d 1576 (1993)

CASE SYNOPSIS

Appellants challenged a decision of the United States District Court for the Eastern District of Arkansas, Northern Division, granting appellee's motion for summary judgment in a patent infringement case.

CASE FACTS
Appellants, patent assignees, filed suit against appellee for patent infringement based on appellee's solicitation of and contracting with a party other than appellant to install the patented device. The trial court granted summary judgment in favor of appellee on the basis that appellee had acquired a shop right in the patented device because it was developed at appellee's facilities and at appellee's expense.

DISCUSSION

• The appellate court affirmed holding that appellee had a shop right in the patented device which entitled it to duplicate the device and continue to use it in its business. 
• The court further held that appellee's shop right was not limited to devices that it manufactured and installed itself, but that the shop right entitled it to procure devices from outside contractors. 
• The court rejected appellants' arguments addressing the assignment of patent rights law as irrelevant and unpersuasive because appellee never asserted any ownership rights.

CONCLUSION
The appellate court affirmed an order granting summary judgment to appellee in a patent infringement case where it held that that appellee had acquired a shop right in the patented device because it was developed at appellee's facilities and at appellee's expense.

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